{"id":74,"date":"2023-02-02T15:28:52","date_gmt":"2023-02-02T15:28:52","guid":{"rendered":"https:\/\/www.playground.setmy.site\/index.php\/2023\/02\/02\/speedy-trials-west-virginia-felony-cases-a-criminal-lawyer-perspective\/"},"modified":"2026-09-05T08:19:38","modified_gmt":"2026-09-05T08:19:38","slug":"speedy-trials-west-virginia-felony-cases-a-criminal-lawyer-perspective","status":"publish","type":"post","link":"https:\/\/www.playground.setmy.site\/index.php\/2023\/02\/02\/speedy-trials-west-virginia-felony-cases-a-criminal-lawyer-perspective\/","title":{"rendered":"Speedy Trials & West Virginia Felony Cases: A Criminal Lawyer Perspective"},"content":{"rendered":"

Speedy Trials & West Virginia Felony Cases: A Criminal Lawyer Perspective<\/h1>\n

Uncategorized<\/a> <\/p>\n

Feb 2 <\/p>\n

Written By <\/a> <\/p>\n

\"Speed<\/p>\n

If criminal charges have been brought against you or a loved one, a basic concept your West Virginia criminal lawyer<\/a> should keep in mind is the right to a speedy trial. The government is required to bring you to trial within a reasonable time. West Virginia statutory law, the West Virginia Constitution, and the United States Constitution require that citizens be timely brought to trial in West Virginia felony cases. Generally, the right to speedy trial exists: to avoid prolonged detention prior to trial; to avoid prolonged public suspicion; to ensure that memories and evidence are fresh; and to guarantee the prompt administration of our criminal justice system. When examining the right to speedy trial, it\u2019s important to look at the specific source of the right. When constitutional prohibitions are violated, oftentimes the appropriate remedy is the dismissal of the criminal case. Your West Virginia criminal lawyer should closely examine the amount of time that has passed as well as the specific authority under which the speedy-trial right is asserted in your criminal case. This blog provides a brief overview of West Virginia felony speedy-trial issues. It is not a substitute for legal advice from a West Virginia criminal lawyer. <\/p>\n

A. The Right to Speedy Trial Under The West Virginia Constitution and the United States Constitution<\/h4>\n

Both state and federal constitutional provisions provide that a defendant charged with a crime is entitled to a speedy trial. Article III, Section 14 of the West Virginia Constitution<\/a> mandates that trials be conducted \u201cwithout unreasonable delay.\u201d The Sixth Amendment<\/a> of the United States Constitution provides that \u201cthe accused shall enjoy the right to a speedy \u2026 trial[.]\u201dIn addition to constitutional provision\u2019s, statutory law provides similar rights to speedy trials in West Virginia felony cases. These specific rights are examined below. <\/p>\n

B. The Speedy Trial Right in West Virginia Criminal Felony Cases<\/h4>\n

1. The One-Term Rule<\/strong><\/p>\n

The One-Term Rule is a statutory right under West Virginia Code \u00a7 62-3-1. This statute provides that where a person is indicted in a felony criminal case, he or she must be tried within the same judicial term of the indictment. This is not a constitutional right. The right to trial within one term must be asserted by the defendant. This right applies to any term in which the defendant asserts the right. Even then, for \u201cgood cause\u201d trial can still be continued beyond the term of court in which the defendant asserts the right. <\/p>\n

2. The Two-Term Rule<\/strong><\/p>\n

The Two-Term Rule is not necessarily a speedy trial right. However, it is a critical statute that protects a defendant from prolonged incarceration while awaiting indictment. West Virginia Code \u00a7 62-2-12 directs that a person shall be \u201cdischarged from imprisonment\u201d if he or she is not indicted \u201cbefore the end of the second term of court, at which he is held to answer\u2026\u201d This rule simply provides that if a defendant is in jail after being charged with a felony and is awaiting indictment by a grand jury, he or she cannot be kept in jail after the end of the second term of court. The statute provides some exceptions to the rule. For example, if a material witness has been prevented from attending a proceeding, the rule does not apply. Likewise, if the defendant was insane at the time of the offense, the rule likewise does not apply. <\/p>\n

3. The Three-Term Rule<\/strong><\/p>\n

The Three-Term Rule is the West Virginia Legislature\u2019s pronouncement of the criminal law speedy trial right contained within the West Virginia Constitution. West Virginia Code \u00a7 62-3-21 provides that if a defendant is charged by presentment or indictment and \u201cif there be three regular terms of court, after the presentment is made or the indictment is found, without trial \u2026 it shall be forever discharged.\u201d The statute provides exceptions to the general rule. Some exceptions to the rule are: where a defendant is insane; where a witness has been prevented from attending; where a defendant requests a continuance or fails to appear; or the inability of a jury to agree on a verdict. Importantly, when calculating the terms of court of the Three-Term Rule, the initial term of indictment is not counted. A violation of the Three-Term Rule requires that a West Virginia criminal case be dismissed. <\/p>\n

C. The Speedy Trial Right Under The United States Constitution<\/h4>\n

As previously mentioned, in addition to state rights, the right to speedy trial is also guaranteed by the Sixth Amendment of the United States Constitution. Calculation for the federal right to a speedy trial begins to run at the time of actual arrest or when formal charges have been lodged. Generally, under the Sixth Amendment right to a speedy trial, courts look to the following factors when determining whether a speedy trial violation occurred: <\/p>\n